Strategy to Win a DUI or Criminal Case:
There is a strategy to winning a DUI or criminal case. Although the facts in each case are different, there are common elements that need to be reviewed and followed to obtain the best possible result on a case.
Strategy Number 1: Trial
I set the case for trial and proceed once all of the discovery is obtained. A trial can be in front of a judge or a jury. It may seem that a jury with 12 individuals gives a person a better opportunity of being found not guilty. Nevertheless, I prefer a bench trial, which is a trial before a judge.
A bench trial is preferred because in most cases I’m trying to prove my client is not guilty, which is different than innocent. Not guilty means the prosecutor has not provided enough evidence, whereas innocent means my client did not do anything wrong. In my experience, a jury is not going to get hung up on, “there is not enough evidence.” A judge is a professional and generally has no issue with finding someone not guilty.
However, this is not to say that I never believe a jury trial is the best choice. It depends on the case facts and the judge.
Strategy Number 2: Pre-trial Motion
Filing pre-trial motions and (if applicable) a Petition to Rescind allows an attorney to show the court before a trial is scheduled that the case should not be allowed to proceed to trial. Having a hearing on a pre-trial motion gives me a chance to test the prosecutor’s evidence and gather valuable prosecution witness testimony before a trial.
A recent case involving pre-trial motion can be viewed here.
Strategy Number 3: Mitigation
Mitigation is the process of explaining to the prosecutor or the supervisior to the prosecutor that you deserve a break because of your previous good acts and behavior.
Will the prosecutor dismiss the case after they review the evidence and video?
No. A prosecutor has no problem presenting a case at trial that is worthless. A prosecutor would rather lose a case than agree to dismiss it.
Can I have the DUI charge reduced to reckless driving or something else?
Reducing a DUI to a reckless driving is possible. However, this is only an option if the prosecutor thinks they might lose the case. In other words, you have a great case and will likely win, so they will make you an offer so they still get you to plead guilty.
How can I win?
You simply need to hire a very good attorney to fight for you. There are no shortcuts, favors, or sympathy. Only a very good attorney with experience and a desire to fight on your behalf will win your case.